LIBREVIEW

PATIENT/INDIVIDUAL USER TERMS OF USE

Effective Date: May 2018


These Terms of Use govern your use of the LibreView website located at [www.Libreview.com] (the “Site”). This document is a legal agreement between you and Abbott Diabetes Care Inc. 


Abbott Diabetes Care Inc. of 1420 Harbor Bay Parkway, Alameda, CA 94502, USA (“Abbott” or “us”, “our” or “we”) is the developer of Sensors (“Sensors”), Readers (“Readers”) and glucose test meters (“Meters”) for the FreeStyle Libre family of products and the FreeStyle LibreLink mobile app (“App”), which may be compatible with the Site and the LibreView data management system (“LibreView system”). Abbott is the data controller of your personal information, including health-related information, transmitted to or stored within the LibreView system.


Newyu, Inc. holds the marketing authorisations/registrations for the LibreView system, provides the system to you and is a data processor of Abbott.  


The LibreView system is a secure, cloud-based diabetes management system that is intended for use by individuals, healthcare professionals and Abbott to aid in the review, analysis and evaluation of the glucose data history, glucose test results and ketone test results to support an effective diabetes health management programme. 


Please be aware that other third party glucose meters may be compatible with the LibreView system. Abbott is not responsible for your connection of these third party products or your decision to upload data from these third party products to your LibreView system account. All questions about the use of LibreView as a medical device are the responsibility of Newyu.


THE LIBREVIEW SYSTEM IS NOT INTENDED FOR THE DIAGNOSIS OF OR SCREENING FOR DIABETES MELLITUS. USERS SHOULD BE AWARE THAT THE LIBREVIEW SYSTEM IS AN INFORMATION MANAGEMENT SERVICE TO PERMIT THE ANALYSIS OF GLUCOSE DATA AND IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE OF A HEALTHCARE PROFESSIONAL. INDIVIDUALS SHOULD ALWAYS CONSULT THEIR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS THEY MIGHT HAVE REGARDING A MEDICAL CONDITION, INCLUDING ANY QUERIES OR CONCERNS ABOUT DIABETES MANAGEMENT.


YOUR USE OF THE LIBREVIEW SYSTEM CONSTITUTES AND IS CONDITIONAL UPON YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. 


YOUR USE OF THE SITE IS ALSO SUBJECT TO THE LIBREVIEW PATIENT PRIVACY NOTICE AVAILABLE AT www.libreview.com (“PRIVACY NOTICE”), WHICH EXPLAINS HOW WE HANDLE THE PERSONAL INFORMATION THAT YOU PROVIDE THROUGH YOUR USE OF THE SITE. 


You need not register for a LibreView system user account with Abbott to simply visit and view the Site.


1. General. Abbott permits only one LibreView system account per e-mail address and reserves the right to limit the number of devices associated with a LibreView system account. 


By using this Site, you represent, acknowledge and agree that you are at least 18 years old. If you are a child under the law of your country of residence, you may use this Site only with the consent of your parent/guardian. If you are a parent/guardian of a child, you must create a LibreView system account for use by your child, and you understand and agree that you are responsible for your child’s use of the Site and the LibreView system and that any violation of these Terms of Use by your child will be your responsibility and may result in the termination or suspension of your LibreView system account.


2. LibreView system account. The Site is your gateway to creating a LibreView system account in which your personal information, including health-related information, and the readings from your Meters, Readers and App will be stored and analysed by you, your healthcare provider and Abbott. Do not reveal your LibreView system account information to anyone else. You should not share your LibreView system account and/or password details with another individual. You are responsible for maintaining the confidentiality and security of your LibreView system account and for all activities that occur on or through it. You agree to notify Abbott if you become aware of a security incident or breach affecting your LibreView system account, including the case in which you believe your password may have been compromised. Abbott is not responsible for any lost, stolen or compromised passwords or for any activity on your LibreView system account by unauthorised users or for any losses arising out of or in connection with the unauthorised use of your LibreView system account where this is caused by you. 


If you already have a LibreView system account, you may log into your account using your e-mail address and password. Your use of this Site is subject to these Terms of Use. You will be responsible for obtaining and maintaining any internet connections, computing equipment and supplies necessary for you to receive, access and use the LibreView system. You agree to use the LibreView system only as expressly permitted herein. Abbott and its affiliates and its suppliers own all rights, titles and interests in and to the LibreView system and content available through the Site, including logos, graphics, videos, images, software and other materials (“Materials”). 


Subject to these Terms of Use, and your compliance with these Terms of Use, Abbott hereby grants you, and any child in your care, a limited, personal, non-exclusive and non-transferable licence to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing licence, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Site or Materials in any manner. If you, or any other person under your responsibility, breach any of the provisions of these Terms of Use, the above licence will terminate automatically and you must immediately destroy any downloaded or printed Materials.


3. Use of the LibreView System by Parents/Guardians. A parent/guardian may create a LibreView system account for use by a child. Adults are responsible for the child for whom they create a LibreView system account. If you agree to create a LibreView system account for use by a child when prompted, you agree to monitor your child’s use of the LibreView system. You agree not to use your child’s e-mail address (if he or she has one) when creating a LibreView system account. The LibreView system can create only one user account per e-mail address. If you would like to create more than one LibreView account for yourself and for one or more children, you will need to use different e-mail addresses, and in all cases you remain responsible for monitoring your child’s or children’s use of the LibreView system. 


The LibreView system is designed and intended for personal use on an individual basis, and you agree that any LibreView system account you create for a child will be for the sole use of that child and will not be shared by you or by any other person. You are responsible for maintaining the confidentiality and security of your login details, including your password, and for all use and activities that occur on or through it. You agree to notify Abbott if you, or the child, become aware of a security incident or breach affecting the LibreView system account you have created for your child, including the case in which you believe your password may have been compromised. Abbott is not responsible for any lost, stolen or compromised passwords or for any activity on this LibreView system account by unauthorised users or for any losses arising out of or in connection with the unauthorised use of the LibreView system account being used by a child where this is caused by you or the child.


IF YOU ARE A PARENT/GUARDIAN CREATING A LIBREVIEW SYSTEM ACCOUNT FOR USE BY A CHILD OR OTHERWISE USING THE SITE AND A LIBREVIEW SYSTEM ACCOUNT FOR THE BENEFIT OF A CHILD, YOU GUARANTEE THAT YOU HAVE ACTUAL LEGAL AUTHORITY TO CREATE A LIBREVIEW SYSTEM ACCOUNT FOR YOUR CHILD AND TO BE LEGALLY BOUND BY THESE TERMS OF USE.


4. Permitted Uses of your LibreView System Account. If you are an adult, to use the LibreView system you must enter some of your personal information, including your e-mail address and password, to create your LibreView system account. You agree to provide accurate and complete information when you register with and as you use the LibreView system, and you agree to keep your LibreView system account information accurate, up to date and complete. These Terms of Use allow you to set up a LibreView system account if you are an individual user, for yourself or another adult or a child in your household, for personal, non-business use by you and other members of your household. IF YOU ARE SETTING UP A LIBREVIEW SYSTEM ACCOUNT ON BEHALF OF ANOTHER ADULT OR A CHILD IN YOUR HOUSEHOLD, YOU SHOULD FIRST SHARE THESE TERMS OF USE WITH THEM AND SECURE THEIR UNDERSTANDING AND AGREEMENT, WHERE APPROPRIATE. 


5. Prohibited Uses of your LibreView System Account. You agree that you will NOT use the LibreView system to: 


  1. (a) upload, download, e-mail, transmit, store or otherwise make available any data that is unlawful, harmful, tortious, invasive of another’s privacy, or otherwise objectionable; 


  1. (b) pretend to be anyone you are not or misrepresent who you are, your age, or otherwise misrepresent your affiliation with any person (including a child). Abbott reserves the right to reject or block any LibreView system account or e-mail address that could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity, or has been used to hijack another user’s data; 


  1. (c) upload, download, e-mail, transmit, store or otherwise make available any data or other information from a child (any person under the age of 18 or such other age as local law defines as a child), including but not limited to any of the following: full name or last name, date of birth, e-mail address, and their Meter data unless you are the child’s parent/guardian; 


  1. (d) infringe any person’s intellectual property rights (including uploading any content that you do not have the right to upload); 


  1. (e) upload, post, e-mail, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the LibreView system (or any part thereof), or any other computer software or hardware; 


  1. (f) interfere with or disrupt the LibreView system (including accessing the LibreView system through any automated means, such as scripts or Web crawlers), or any servers or networks connected to the LibreView system, or any policies, requirements or regulations of networks connected to the LibreView system (including any unauthorised access to, use or monitoring of data or traffic thereon); 


  1. (g) gather, store or upload personal information, including health information, on any persons using an Abbott FreeStyle Libre flash glucose monitoring system without first having received their prior consent or without otherwise being authorised to do so, for example, if you are a carer, parent or guardian; 


  1. (h) reverse engineer, decompile, disassemble, decode, create derivative works of, gain access to the source code, or modify the LibreView system except as and then solely to the extent permitted under applicable law; and/or


  1. (i) gather, store, or upload personal information, including health information, on any other users of the LibreView system or any individual using a Meter in connection with any of the foregoing prohibited activities.

6. Availability and Accuracy of Information. The Site and the LibreView system, or any feature or part thereof, may not be available in all languages or in all countries and Abbott makes no representation that the LibreView system or any feature or part thereof is appropriate or available for use in any particular location. To the extent that you choose to access and use the LibreView system, you do so on your own responsibility and are responsible for compliance with any applicable laws. Any data transmitted to or stored by you in the LibreView system are based exclusively on glucose, ketone and insulin data and other information provided by you or third parties. Abbott makes no representations and provides no guarantees regarding the accuracy, completeness, reliability or timeliness of any data provided by you or third parties, or of any content generated by the data stored by you in the LibreView system. In particular, Abbott makes no representations and provides no guarantees that any information based on such data will be in compliance with government regulations requiring disclosure of information. 


7. Deletion of your LibreView System Account. You may delete your account at any time. Your LibreView system account and all information, including personal and health-related information, stored in your LibreView system account will be deleted on receipt and processing of your delete request. Please be aware that it may take up to
72 hours to process your request. A parent/guardian may request deletion of a LibreView system account being used by his/her child. Please be aware that if your healthcare provider has set up their own account in the LibreView system and created a patient profile specific to you, your deletion of your LibreView system account may have no effect on the account or patient profile created by your healthcare provider. Abbott has no responsibility for retaining/storing or backing up your LibreView system account. You are solely responsible for retaining/maintaining/
storing and backing up (electronically and/or with hard copies) any data that you wish to preserve. Abbott is not responsible for unauthorised access to, use of or alteration of your information. If you e-mail, back up, take a screenshot of your account information or otherwise share any of your personal information or reports with third parties, that information may not be encrypted and Abbott will have no means of managing the privacy or security of that information. You should take the steps that you find appropriate to protect the security of such information. Unless otherwise required by law, you agree that your LibreView system account is non-transferable and that any rights to have a LibreView system account or any data stored in the LibreView system will terminate on your death. On receipt of a copy of a death certificate, Your LibreView system account may be terminated and all data therein deleted. E-mail [DiabetesCarePrivacy@Abbott.com] for further information. If you have chosen to share your LibreView system account information with your healthcare professional, family members and/or friends and you delete your account, those persons will no longer be able to view your glucose readings. Abbott reserves the right to delete inactive LibreView system accounts after 6 months. We will attempt to notify you in advance so that you have an opportunity to ensure your account stays current and available for your use.


8. Links to Third Party Websites. This Site may be linked to other websites that are not sites controlled or operated by Abbott (collectively, “Third Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third Party Sites and, if applicable, allow you to configure your privacy settings in your Third Party Site account to permit your activities on this Site to be shared with your contacts in your Third Party Site account and, in certain situations, you may be transferred to a Third Party Site through a link, but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices from Abbott’s, and you further acknowledge and agree that your use of such Third Party Sites is governed by the respective Third Party Site privacy notice and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, user guides and privacy policies of any Third Party Sites. Abbott is providing you with links to the Third Party Sites as a convenience, and Abbott does not verify, make any representations, or take responsibility for such Third Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Sites. YOU AGREE THAT ABBOTT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, service, publication, institution or organisation of any third party entity or individual does not constitute or imply Abbott’s endorsement or recommendation. 


9. No Medical Advice. THE LIBREVIEW SYSTEM FOR PATIENTS IS NOT INTENDED FOR THE DIAGNOSIS OF OR SCREENING FOR DIABETES MELLITUS. INDIVIDUALS SHOULD ALWAYS SEEK THE ADVICE OF THEIR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS THEY MAY HAVE REGARDING A MEDICAL CONDITION. INDIVIDUALS SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF INFORMATION CONTAINED IN THEIR LIBREVIEW SYSTEM ACCOUNT. You should follow customary guidelines set by your doctor or other healthcare professional(s) when your readings are too high or low or if you experience other diabetes-related changes in your medical condition. WHILE ABBOTT USES INFORMATION IT RECEIVES VIA THE LIBREVIEW SYSTEM TO IMPROVE TREATMENT GUIDANCE, ABBOTT IS NOT A PROVIDER OF MEDICAL CARE AND ABBOTT IS NOT RESPONSIBLE FOR NOTIFYING AN INDIVIDUAL’S DOCTOR OR OTHER HEALTHCARE PROFESSIONAL(S) OF ANY CHANGES IN YOUR READINGS. The LibreView system is designed to help individuals better manage diabetes through information, analysis and communication. You and your doctor and other qualified healthcare professional(s) are solely responsible for communicating your glucose levels and other diabetes-related information, providing feedback and discussing and recommending testing and treatment options. Abbott does not recommend or endorse any specific tests, products, procedures or opinions. YOUR DECISION TO TAKE ACTION BASED ON ANY INFORMATION TRANSMITTED TO OR STORED ON THE LIBREVIEW SYSTEM OR ON ANY INFORMATION RECEIVED FROM ABBOTT EMPLOYEES, AGENTS OR SUPPLIERS IS SOLELY AT YOUR OWN RISK. 


10. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE LIBREVIEW SYSTEM IS AT YOUR OWN RISK AND THAT TO THE EXTENT PERMITTED BY LAW, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT LIES WITH YOU. The LibreView system is designed for easy access to your glucose data and other diabetes-related data. Any content included in the LibreView system is for the purpose of providing information to permit the analysis of glucose data. Although Abbott believes the data displayed in the LibreView system to be accurate as at the time it is transmitted to the LibreView system, Abbott makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information. Some of the foregoing disclaimers may be ineffective in certain countries/states/ provinces/jurisdictions and, therefore, might not apply to you in their entirety. In no event will Abbott be liable to you for any losses resulting from mistakes, omissions, or delays in transmission of information, or from interruptions in telecommunication connections to the LibreView system.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABBOTT, ITS AFFILIATES AND ITS THIRD PARTY PROVIDERS PROVIDE THE LIBREVIEW SYSTEM “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS AND WITHOUT ANY OTHER WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE AND QUALITY AND OF LACK OF VIRUSES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ABBOTT OR AN ABBOTT AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY. 


Abbott, its affiliates and its third party providers do NOT guarantee that the functions contained in the LibreView system will meet your requirements or that the operation of the LibreView system will be uninterrupted or error-free. Some countries/states/provinces/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimers may not apply to you in their entirety. To the extent that applicable law requires Abbott to provide warranties, you agree that the scope and duration of such a warranty shall be to the minimum extent required to be provided under such applicable law.


IN NO EVENT SHALL ABBOTT PROVIDE ANY WARRANTY OR REPRESENTATION IN RESPECT OF ANY THIRD PARTY HARDWARE OR SOFTWARE, AND ABBOTT DISCLAIMS ALL LIABILITY IN RESPECT OF ANY FAILURES THEREOF. ABBOTT DISCLAIMS ANY AND ALL LIABILITY THAT MAY DERIVE FROM ACTIONS OR CLAIMS AGAINST ABBOTT OR ANY OF ITS AFFILIATES, AGENTS OR ASSIGNEES, OR OTHER THIRD PARTIES AS MAY BECOME APPLICABLE OVER THE COURSE OF THESE TERMS OF USE. SOME COUNTRIES/STATES/PROVINCES/JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETY. 


  1. (a) For German and Swiss Users: this provision applies to you instead of section 10. The LibreView system is provided “as is” and “as available”. While seeking to avoid extensive downtimes and significant impediments to the usability of the LibreView system to the extent possible, Abbott does not warrant or guarantee error-free and uninterrupted accessibility and usability of the LibreView system or of any of the functions contained therein. Your statutory warranty rights remain unaffected by the foregoing.
  2. (b) For UK users: nothing in Section 10 shall affect the statutory warranties in respect of satisfactory quality, fitness for purpose or accuracy of description. 


11. Limitation of Liability. NOTWITHSTANDING ANY LOSSES THAT YOU MAY INCUR AND TO THE EXTENT PERMITTED BY LAW, THE ENTIRE LIABILITY OF ABBOTT, ITS AFFILIATES AND ANY OF ITS THIRD PARTY PROVIDERS UNDER ANY PROVISION OF OR OTHERWISE IN CONNECTION WITH THESE TERMS OF USE AND YOUR EXCLUSIVE REMEDIES FOR ALL OF THE FOREGOING SHALL BE LIMITED TO EITHER THE FIXING, REPAIR OR OTHER RECTIFICATION OF ANY FAULTS WITHIN THE LIBREVIEW SYSTEM, EVEN IF ANY SUCH LOSS WAS FORESEEABLE OR CONTEMPLATED BY THE PARTIES, OR WHERE APPLICABLE, HIGHER THAN THE AMOUNT ACTUALLY PAID BY YOU FOR THE LIBREVIEW SYSTEM ACCESS OR $14.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ABBOTT, ITS AFFILIATES OR ITS THIRD PARTY PROVIDERS BE LIABLE FOR MONETARY DAMAGES, INCLUDING ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE LIBREVIEW SYSTEM, THIRD PARTY SOFTWARE AND/OR THIRD PARTY HARDWARE USED OR THAT MAY BE USED WITH THE LIBREVIEW SYSTEM, FOR LOSS FROM ANY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE DUE TO YOU DOWNLOADING ANY MOBILE APP/MATERIAL/WEBSITE LINKED TO THE LIBREVIEW SYSTEM, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE), EVEN IF ABBOTT, ITS AFFILIATES OR ANY THIRD PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS ITS ESSENTIAL PURPOSE. ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS NECESSARY TO APPROPRIATELY ADDRESS YOUR NEEDS IN THE EVENT THAT AN ERROR IN THE LIBREVIEW SYSTEM CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS, YOU UNDERSTAND AND AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTION AND ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THIS PROVISION, ANY APPLICABLE FEE CHARGED WOULD BE HIGHER. 


Some countries/states/provinces/jurisdictions prohibit or limit the exclusion or limitation of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. 


Except for information that you share with your healthcare provider via the LibreView system, in the case that you choose to share your personal information, including health-related information, from your LibreView system account with third parties, including third party apps, you acknowledge and agree that to the fullest extent permitted by law, neither Abbott nor its business partners are responsible for your decision to share and/or disclose your personal data, including health-related information, and you hereby release Abbott and its business partners from any liability that may arise from such third parties’ collection or other processing of your personal information.

  1. (a) For Australian, UK, Singaporean and Swiss Users: nothing in these Terms of Use shall exclude our liability for death or personal injury arising out of our negligence or fraudulent misrepresentation in connection with the LibreView system.
  2. (b) For German Users: Abbott will be liable for any culpable breach of material contractual obligations (cardinal obligations). Cardinal obligations are contractual obligations that must be fulfilled to permit proper execution of these Terms of Use and may regularly be relied upon by you. Abbott’s liability will otherwise be limited to gross negligence and wilful misconduct. In the event of any liability on the part of Abbott due to a slightly negligent breach of cardinal obligations or slight misconduct on the part of simple vicarious agents, Abbott’s liability will be limited to typically foreseeable damages. This will not affect any mandatory statutory liability, in particular Abbott’s liability in connection with loss of life, bodily injury or illness or its liability in connection with the German Product Liability Act. Provision 13 does not apply to users located in Germany.
  3. (c) For Australian Users: Abbott’s goods/services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have these repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. 

12. Indemnity. You agree to indemnify, defend and hold harmless Abbott, its affiliates and their respective officers, directors, employees, agents, successors, assignees and licensors from and against any and all claims, demands, liabilities, losses, costs and expenses (including lawyers’ and experts’ fees) made by a third party due to or arising out of or related to a violation of these Terms of Use or laws, regulations or third party rights, including any infringement of the copyright or intellectual property rights of any third party by you or others in your household or organisation or otherwise in connection with your or their use of the LibreView system, where such use is by negligent act, omission, or wilful misconduct.


13. Licence. Abbott does not claim ownership of the data you transmit or submit to the LibreView system. By disclosing your personal information to Abbott, you grant it a worldwide, royalty-free, non-exclusive licence to use, distribute, reproduce, modify, adapt, publish, and translate such data for the purpose of providing you with the LibreView system. Abbott may create, access, retain and use, or disclose to third party researchers aggregated, anonymised, de-identified (or pseudonymised to the extent permitted by applicable law) data derived from the LibreView system for the purposes of research, to evaluate how the LibreView system is provided, to evaluate its use and its various components and equipment, to evaluate performance or impact on clinical staff or across clinics, to enhance the functioning of the LibreView system and the Meters, to validate LibreView system upgrades, or for product development. You agree that the licence herein permits Abbott to take any such action.


14. Feedback. Any data, comments or materials that you supply via the LibreView system or provide to Abbott in order to receive support, including feedback data, such as questions, comments, suggestions or the like (“Feedback”), shall be deemed to be non-confidential and non-proprietary. Abbott shall have no obligation of any kind in respect of such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transfer, create derivative works and distribute the Feedback to others without limitation, except for health information and personal information that might be included in the Feedback but is subject to “Section 13. Licence” above. Furthermore, Abbott shall be free to use any idea, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including developing, manufacturing and marketing products incorporating such Feedback.


15. Trademarks. LibreView, FreeStyle LibreLink, LibreLinkUp, FreeStyle Libre, FreeStyle and related brands are trademarks of Abbott Diabetes Care Inc. in various jurisdictions. Other trademarks are the property of their respective owners. No licence or right, express or implied, is granted to you in any of the aforesaid trademarks, and you further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the LibreView system. No use of any Abbott trademark, trade name, or trade dress may be made without the prior written authorisation of Abbott, except to identify the product or services of the company. 


16. Proprietary Rights. You acknowledge and agree that Abbott and/or its licensors own all legal right, title and interest in and to the LibreView system, including but not limited to graphics, user interface, the scripts and software used to implement the LibreView system, and any software or documents provided to you as a part of and/or in connection with the LibreView system, including all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the LibreView system contains proprietary and confidential information that is protected by applicable intellectual property rights and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the LibreView system in compliance with these Terms of Use. No portion of the LibreView system may be reproduced in any form or by any means, except as expressly permitted in these Terms of Use or where permitted by applicable law. You shall not remove any product identification, copyright notices or proprietary restrictions from the LibreView system. You expressly acknowledge and agree that LibreView system access is licensed and not sold to you, and that Abbott, its licensors, affiliates, and its suppliers, grant you a non-exclusive licence to use the LibreView system on the basis of these Terms of Use, and that your use of the LibreView system is also subject to any rules or policies applied by Abbott’s third party providers, including, but not limited to, Newyu. You therefore agree that Abbott and/or its licensors will not transfer to any user any ownership or proprietary rights in the LibreView system, any intellectual property rights, or any other technology, information or materials, and as between the parties, Abbott, its affiliates, its suppliers, and its licensors, shall retain exclusive ownership of all right, title and interest in and to all aspects of the LibreView system, any Intellectual Property Rights, and all other technology, information and materials, as well as any and all copies or modifications thereof (by whomever made and whenever made). RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY ABBOTT AND/OR ITS LICENSORS. The use of this material and the associated rights of Abbott, its affiliates and its suppliers, are hereby acknowledged except solely to the extent that the foregoing is ineffective in certain countries/states/
provinces/jurisdictions.


17. Termination of Your LibreView System Account. These Terms of Use are effective on your creation of a LibreView system account and shall continue in effect until the account is terminated. You may ask Abbott to delete your LibreView system account at any time. Abbott may suspend or terminate your LibreView system account without advance notice to you for any of the following reasons:


18. Applicable Law. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its choice of legal provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern to the fullest extent possible. You agree that these Terms of Use shall be fully performable in the State of Illinois, and you agree that jurisdiction and venue are proper to the state and federal courts located in the State of Illinois, United States of America, with regard to any proceedings arising from these Terms of Use or the relationship between the parties hereto. The parties hereby agree that the United Nations Convention on Contracts for the International Sale of Goods does not govern these Terms of Use. 


  1. (a) For EEA and Swiss Users: the foregoing shall not apply, except with regard to these Terms of Use not being governed by the United Nations Convention on Contracts for the International Sale of Goods. For such users, the governing law of your country of residence shall apply. 
  2. (b) For EEA and Swiss Users: alternative dispute resolution is a process in which an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the European Commission Online Dispute Resolution platform.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.


19. Support. You can get free technical support by going to the LibreView.com support site and clicking on the “Contact Support” link. Enquiries will be directed to the appropriate support teams. 


20. Changing LibreView System Terms of Use. Abbott reserves the right to modify these Terms of Use at any time and to impose new or additional terms or conditions on your use of the LibreView system. Such modifications and additional terms and conditions will be communicated to you by being displayed on-screen when you next use the Site, and if accepted, will be effective immediately. In the event that you refuse to accept such changes, Abbott will have the right to terminate these Terms of Use and your use of the Site, as well as your LibreView system account with four weeks’ notice. Additional Information for German Users: you will be able to store or print out changes to these Terms of Use in legible form. 


Please print a copy of this Agreement for Your records.